The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018

This Order may be cited as the Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018.

This Order comes into force on 11th April 2018.

The person who at the coming into force of this Order is the Secretary of State for Health and Social Care and any successor to that person is by that name a corporation sole.

The corporate seal of the Secretary of State for Health and Social Care—

Every document purporting to be an instrument made or issued by the Secretary of State for Health and Social Care and to be—

A certificate signed by the Secretary of State for Health and Social Care that an instrument purporting to be made or issued by—

The Documentary Evidence Act 1868^f1 applies in relation to the Secretary of State for Health and Social Care—

Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for Health may be continued by or in relation to the Secretary of State for Health and Social Care.

Anything done (or having effect as if done) by or in relation to the Secretary of State for Health has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Health and Social Care.

Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of—

Documents or forms printed for use in connection with a health function may be used in connection with that function even though they contain (or are to be read as containing) references to the Secretary of State for Health; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Health and Social Care.

In paragraphs (1) to (4), references to a Secretary of State include references to the department or an officer of that Secretary of State.

The person who at the coming into force of this Order is the Secretary of State for Housing, Communities and Local Government and any successor to that person is by that name a corporation sole.

The corporate seal of the Secretary of State for Housing, Communities and Local Government—

Every document purporting to be an instrument made or issued by the Secretary of State for Housing, Communities and Local Government and to be—

A certificate signed by the Secretary of State for Housing, Communities and Local Government that an instrument purporting to be made or issued by—

The Documentary Evidence Act 1868 applies in relation to the Secretary of State for Housing, Communities and Local Government—

Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for Communities and Local Government may be continued by or in relation to the Secretary of State for Housing, Communities and Local Government.

Anything done (or having effect as if done) by or in relation to the Secretary of State for Communities and Local Government has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Housing, Communities and Local Government.

Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of—

Documents or forms printed for use in connection with a CLG function may be used in connection with that function even though they contain (or are to be read as containing) references to the Secretary of State for Communities and Local Government; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Housing, Communities and Local Government.

In paragraphs (1) to (4), references to a Secretary of State include references to the department or an officer of that Secretary of State.

This article applies to—

Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Lord Chancellor may, so far as it relates to anything to which this article applies, be continued by or in relation to the Secretary of State.

Anything done (or having effect as if done) by or in relation to the Lord Chancellor in connection with anything to which this article applies has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State.

Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of anything to which this article applies, as if references to (and references which are to be read as references to) the Lord Chancellor were or included references to the Secretary of State.

Documents or forms printed for use in connection with a former LC function may be used in connection with that function even though they contain (or are to be read as containing) references to the Lord Chancellor; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State.

In paragraphs (2) to (5)—

This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Health, the Secretary of State for Communities and Local Government or the Lord Chancellor before the coming into force of this Order.

In paragraph (1) the reference to a Secretary of State or the Lord Chancellor includes a reference to the department or an officer of that Secretary of State or of the Lord Chancellor (as the case may be).

omit “Department for Communities and Local Government.”,

in the entry for the Department of Health after “Health” insert “and Social Care”, and

at the appropriate place insert “Ministry of Housing, Communities and Local Government”.

The Town and Country Planning Act 1990 is amended as follows.

In section 228^f1, in subsections (1) and (7) and in the heading for “Communities and Local Government” substitute “Housing, Communities and Local Government”.

In the following provisions, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—

In paragraph 8(2) of Schedule 6^f4, for “the Department for Communities and Local Government” substitute “the Ministry of Housing, Communities and Local Government”.

for paragraph 9A substitute—

“9A.

The Ministry of Housing, Communities and Local Government.”, and

in paragraph 12 after “Health” insert “and Social Care”.

section 42(2) (power to approve ombudsmen schemes);

section 62(1) and (2) (power to give financial assistance in relation to advice etc)^f1;

section 64(2) (making of regulations under Part 1 of the Act).

omit paragraph 1ZA^f1,

in paragraph 3 after “Health” insert “and Social Care”, and

after paragraph 8A insert—

“8B.

The Ministry of Housing, Communities and Local Government.”

omit “Department for Communities and Local Government”,

at the end of the entry for the Department of Health insert “and Social Care”, and

at the appropriate place insert “Ministry of Housing, Communities and Local Government”.

section 12(6) (in the definition of “appropriate Ministers”);

section 54(5);

paragraph 2(8) of Schedule 5 (in the definition of “appropriate Ministers”);

paragraph 37(2) of Schedule 7.

section 18(2)(a);

section 20(1)(n).

section 64(5);

paragraph 5(9) of Schedule 16 (in the definition of “appropriate Ministers”);

paragraph 30 of Schedule 17 (in the definition of “appropriate Ministers”).

paragraph 8 of Schedule 4;

paragraph 3 of Schedule 5;

paragraph 2 of Schedule 6;

paragraph 9 of Schedule 8.

regulations 4(2)(a) and 5(a)(i) of the Abortion Regulations 1991^f1;

column 2 of Schedule 6 to the Welfare Food Regulations 1996^f2;

column (2) of the Schedule to the Building Societies (Business Names) Regulations 1998^f3, in relation to the entries for “abortion”, “Health Centre” and “Health Service”, and “Pregnancy Termination”;

regulations 7(6)(ab), 8(7)(aa), 9(12)(ab) and 13(3)(a)(i) and (ii) of the Radiation (Emergency Preparedness and Public Information) Regulations 2001^f4;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

column 2 of the table in Schedule 2 to the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) Regulations 2004^f5;

the Schedule to the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004^f6;

regulations 18(1)(a)(iii) and 22(3)(d) of the Justification of Practices Involving Ionising Radiation Regulations 2004^f7;

Part 1 of the Schedule to the Damages (Government and Health Service Bodies) Order 2005^f8;

article 3(c)(i) of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005^f9;

paragraph (a) of the definition of “health authority” in regulation 2 of the Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009^f10;

column (1) of the table in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009^f11;

regulation 20(9) of the Care Quality Commission (Registration) Regulations 2009^f12;

column (1) of the table in Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010^f13;

column (1) of the table in Part 2 of Schedule 2 to the Regulation of Investigatory Powers (Communications Data) Order 2010^f14;

column (1) of the table in Part 1 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010^f15;

regulations 10(1) and 11(1) of the Health Protection (Part 2A Orders) Regulations 2010^f16;

regulation 1(3) of the Health Protection (Notification) Regulations 2010^f17;

regulations 22(4)(c), 26(2)(e) and 35(6)(b)(i) of the Water Supply (Water Quality) Regulations 2010^f18;

regulation 12(1) and (2)(a) of, and paragraph 7 of the Schedule to, the Medical Profession (Responsible Officers) Regulations 2010^f19;

in the entry for Public Health England in column (1) the table in Schedule 1 to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011^f20;

paragraph 2 of Schedule 4 to the National Health Service (Clinical Commissioning Groups) Regulations 2012^f21;

the definition of “Public Health England” in regulation 213(1) of the Human Medicines Regulations 2012^f22;

regulation 16(a) of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013^f23;

the definition of “postgraduate dental dean or director of postgraduate dental education” in regulation 29 of the National Health Service (Performers Lists) (England) Regulations 2013^f24;

paragraph (e) of the definition of “responsible person” in regulation 8(3) of the Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2013^f25;

regulation 4(1)(h) of the National Health Service (Clinical Commissioning Groups – Payments in Respect of Quality) Regulations 2013^f26;

in Schedule 2 to the Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014^f27—

column 1 in Schedule 1 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015^f28, in the entry for Public Health England;

regulations 12(5)(e), 13(7)(d) and 14(3)(a) of the Control of Major Accident Hazards Regulations 2015^f29;

in each place in column 2 of the table in the Schedule to the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales) Order 2015^f30;

paragraph 1 of Schedule 2 to the Medicines (Products for Human Use) (Fees) Regulations 2016^f31, in the definition of “the MHRA portal”;

the definition of “Public Health England” in regulation 2(1) of the Water Supply (Water Quality) Regulations 2016^f32.

paragraph 48(2) of Schedule 9 and paragraph 38(2) of Schedule 10 to the Income Support (General) Regulations 1987^f1;

paragraph 44(2) of Schedule 2 to the Family Credit (General) Regulations 1987^f2;

paragraph 42(d) of Schedule 3 and paragraph 39(2) of Schedule 4 to the Disability Working Allowance (General) Regulations 1991^f3;

paragraph 47(2) of Schedule 7 and paragraph 36(2) of Schedule 8 of the Jobseeker’s Allowance Regulations 1996^f4;

paragraph 42(2) of Schedule 3 and paragraph 39(2) of Schedule 4 to the Housing Renewal Grants Regulations 1996^f5;

regulations 3(1), (2) and (3) of the Good Laboratory Practice Regulations 1999^f6;

item 12(e) in table 6 in regulation 19 of the Tax Credits (Definitions and Calculation of Income) Regulations 2002^f7;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

article 2(2) of the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004^f8;

the definition of “Appointing Authority” in paragraph 2 of the Schedule to the Postgraduate Medical Education and Training Board (Members – Removal from Office) Rules Order 2004^f9;

paragraph 2(1)(j)(i) and (k)(i) of Schedule 2 to the Dairy Produce Quotas Regulations 2005^f10;

paragraphs 2 to 6 of Schedule 1 to the Water Supply (Flouridation Indemnities) England) Regulations 2005^f11;

paragraph 44(2) of Schedule 5 and paragraph 40(2) of Schedule 6 to the Housing Benefit Regulations 2006^f12;

paragraph 45(2) of Schedule 4 and paragraph 40(2) of Schedule 5 to the Council Tax Benefit Regulations 2006^f13;

paragraph 45(2) of Schedule 8 and paragraph 37(2) of Schedule 9 to the Employment and Support Allowance Regulations 2008^f14;

regulations 9A(1) and (4) and 10(1)(c) and (2) of the Social Security (Information-sharing in relation to Welfare Services etc) Regulations 2012^f15;

in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012^f16, paragraph 46(2) of Schedule 8 and paragraph 43(2) of Schedule 10;

in both columns in the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014^f17;

Part 1 of Schedule 4 to the Criminal Justice and Data Protection (Protocol No 36) Regulations 2014^f18;

regulations 3(1) and (3) and 8(a) of the Social Security (Information-sharing) (NHS Payments and Remission of Charges etc) (England) Regulations 2015^f19;

Parts 2 and 3 of Schedule 1 to the Criminal Justice (European Investigation Order) Regulations 2017^f20;

paragraph 3(2)(o) of Schedule 2 to the NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017^f21.